Monday Morning Answers: Timberlake & Pro Bono Bring Sexy Back!

Welcome to Monday!

You might be saying to your self – “self, why is he using an exclamation point?? It’s dark, windy, rainy, and the final week of Daylight Savings Time. WHAT IS HIS PROBLEM??”

Here’s why I used the exclamation point:

I found a backup singer! See below.

Actually, that wasn’t the only (or real) reason for the exclamation point.  This was:

The largest Honor Roll ever!  It’s official: Justin Timberlake and pro bono are bringing sexy back!

Sexy Back

Friday’s questions are here.  The answers follow today’s Honor Roll.

Honor Roll

ANSWERS

Question 1

How much pro bono work do the rules encourage Vermont attorneys to provide per year?

  • A.    A reasonable amount
  • B.    50 hours; Rule 6.1
  • C.    60 hours
  • D.    A meaningful amount

Question 2

True or false: the rules exempt government & non-profit attorneys from the pro bono expectation.

False.  Rule 6.1 applies to every lawyer.  Comment[5], however, recognizes that government lawyers may not be able to satisfy the requirements of Rule 6.1(a) and, therefore, should be allowed to satisfy the pro bono requirement via provision of services set out in Rule 6.1(b).  Specifically, the Comment states

  • “Constitutional, statutory, or regulatory restrictions may prohibit or impede government or public sector lawyers and judges from performing the pro bono services outlined in paragraphs (a)(1) and (2).  According, where those restrictions apply, government and public sector lawyers and judges may fulfill their pro bono responsibility by performing services outlined in paragraph (b).”

Question 3

Client retains Lawyer in a divorce.  Client agrees to pay Lawyer an hourly fee.  The fee agreement is reduced to a writing that is signed by Client.

The matter ends with a final order.  By then, Client has paid less than 10% of the total fee and owes Lawyer for approximately 60 hours of work.  Lawyer writes off the bill.

May Lawyer claim the 60 hours as pro bono?

  • A.    Yes, because Lawyer did not get paid.
  • B.    Yes, as long as Lawyer does not continue to try to collect the bill.
  • C.    Yes, but cannot claim the hours if Client decides voluntarily to pay.
  • D.    No.

Rule 6.1(a) is clear:  a “lawyer should provide substantial majority of the 50 hours of legal services without fee or expectation of fee . . ..” Comment [4] drives home the point:  “Because services must be provided without fee or expectation of fee, the intent of the lawyer to render free legal services is essential for the work performed to fall within the meaning of paragraphs (a)(1) and (2).  Accordingly, services rendered cannot be considered pro bono if an anticipated fee is uncollected . . . .” 

Question 4

Which section of the rules is relaxed for lawyers who do pro bono work at short-term legal services programs sponsored by non-profits or government agencies?

  • A.   The trust accounting rules
  • B.   Rule 1.1 and the duty of competence
  • C.   Rule 1.6 and the duty of confidentiality
  • D.   The conflicts rules. Rule 6.5

Question 5

At various live quizzes, I’ve used questions related to the ethics of P2P filing sharing and the legal battle between Napster & Metallica.

Your task: name the movie in which Justin Timberlake played Sean Parker, the co-founder of Napster.

There’s a hint in the tags.  And, here’s a bit of the dialogue:

Sean Parker: Well, I founded an internet company that let folks download and share music for free.
Amy: Kind of like Napster?
Sean Parker: Exactly like Napster.
Amy: What do you mean?
Sean Parker: I founded Napster.

The Social Network

 Social Network

 

Five for Friday #92: I don’t wanna lose you now . . .

Welcome to #fiveforfriday #92!

So, my first question today is “what was wrong with us in ’92?”

I am referring to the halftime “entertainment” at the 1992 Super Bowl.

Super Bowl XXVI was played in Minneapolis.  Washington drubbed Buffalo in a boring game.  I don’t have a specific recollection of the halftime show, but it must have been even more boring than the game.  The theme was “winter” and the “Winter Olympics.” Here’s the line-up:

  • dancers celebrating winter;
  • Winter Olympic medal winners Dorothy Hamill & Brian Boitano skating on sheets of Teflon (the game was indoors);
  • The University of Minnesota Marching Band; and, for the closing act,
  • Gloria Estefan.

Umm…..

Archer

THAT is what passed for entertainment in 92??? It’s miracle that there was a Super Bowl XVII!

As an aside, loyal readers know that I preach competence.  Well, even taking the relative competence of the halftime acts out of the discussion, the program’s internal structure demonstrates an utter LACK of competence. What kind of presentation whose theme is “winter” features a closing act whose band is the Miami Sound Machine?!?!?

Which brings us to this week.

This season, the game returns to Minneapolis, with Super Bowl LII scheduled to be played outdoors in the gleaming new U.S. Bank Stadium.  Likely the Pittsburgh Steelers against a sacrificial lamb from the NFC.  And guess what was announced earlier this week?

Justin Timberlake will headline the halftime show.   Talk about competence!!!!

A few weeks ago, I used this space to confess I’m a Swiftie.  Here’s another right hand on a cold one confession: I’m a big fan of JT.

I was in my car when I heard the Super Bowl announcement.  Immediately, I scrolled to Mirrors.  If my nascent karaoke career ever gets off the ground, Mirrors might become my go-to song.  It’s the perfect karaoke set-up:

  • great beat for the audience to snap their fingers to;
  • everyone will know & sing along to the chorus, thus drowning out my voice; and,
  • that part at the end where the chorus is sung without any instruments.  I love when that happens in a song. I haven’t finalized the choreography yet, but that’s probably when I’ll point the mic at the crowd and have you sing along.

Critical: I’ll need backup singers.  You know, for these parts:

  • (me) It’s like I’m a mirror 
  • (backups)   oh oh   
  • (me) My mirror staring back at me
  • (backups) oh oh                                                                                                                             

Consider this an open casting call.

Onto the quiz!

Rules

  • None.  Open book, open search engine, text-a-friend.
  • Exception:  Question 5.  We try to play that one honest.
  • Unless stated otherwise, the Vermont Rules of Professional Conduct apply
  • Team entries welcome, creative team names even more welcome.
  • E-mail answers to michael.kennedy@vermont.gov
  • I’ll post the answers & Honor Roll on Monday
  • Please don’t use the “comment” feature to post your answers
  • Please consider sharing the quiz with friends & colleagues
  • Share on social media.  Hashtag it – #fiveforfriday

It’s Celebrate Pro Bono week. So, this week’s questions focus on the pro bono rules.

Question 1

How much pro bono work do the rules encourage Vermont attorneys to provide per year?

  • A.    A reasonable amount
  • B.    50 hours
  • C.    60 hours
  • D.    A meaningful amount

Question 2

True or false: the rules exempt government & non-profit attorneys from the pro bono expectation.

Question 3

Client retains Lawyer in a divorce.  Client agrees to pay Lawyer an hourly fee.  The fee agreement is reduced to a writing that is signed by Client.

The matter ends with a final order.  By then, Client has paid less than 10% of the total fee and owes Lawyer for approximately 60 hours of work.  Lawyer writes off the bill.

May Lawyer claim the 60 hours as pro bono?

  • A.    Yes, because Lawyer did not get paid.
  • B.    Yes, as long as Lawyer does not continue to try to collect the bill.
  • C.    Yes, but cannot claim the hours if Client decides voluntarily to pay.
  • D.    No.

Question 4

Which section of the rules is relaxed for lawyers who do pro bono work at short-term legal services programs sponsored by non-profits or government agencies?

  • A.   The trust accounting rules
  • B.   Rule 1.1 and the duty of competence
  • C.   Rule 1.6 and the duty of confidentiality
  • D.   The conflicts rules

Question 5

At various live quizzes, I’ve used questions related to the ethics of P2P filing sharing and the legal battle between Napster & Metallica.

Your task: name the movie in which Justin Timberlake played Sean Parker, the co-founder of Napster.

There’s a hint in the tags.  And, here’s a bit of the dialogue:

Sean Parker: Well, I founded an internet company that let folks download and share music for free.
Amy: Kind of like Napster?
Sean Parker: Exactly like Napster.
Amy: What do you mean?
Sean Parker: I founded Napster.